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HomeMy WebLinkAboutApril 19, 1983 Ci o 0 ~ 01 ANDOVER SPECIAL PLANNING AND ZONING COMMISSION MEETING APRIL 19, 1983 MINUTES A special meeting of the Andover Planning and Zoning Commission was called to order by Chairman d'Arcy Bosell at 7:37 P.M., Tuesday, April 19, 1983 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Commissioners Absent: Also Present: Apel, Perry, Knutson, Rogers, Schreiner, Spotts None Richard Szyplinski, Roger Hokanson, Mrs. Szyplinski Richard Szyplinski Variance, Cont. (Comm. #3-83-8) Chairman Bosell noted that earlier in the day she met with Bill Zachman of the Department Natural Resources, City Engineer Jim Schrantz and Mr. Szyplinski and Mr. Hokanson at the river lots. Mr. Szyplinski - stated that he can't come up with a good hardship for why he should be granted this variance. He noted that with a 21 acre lot, you could put a house just about anywhere. He asked what rights he actually has by owning this property. Chairman Bosell noted that he has the right to use the property. There are several things he cannot do however, such as clear cutting the land. She noted that according to the ordinance if your bluffline is greater than 150 feet from the river, the setback from the river is 15b feet plus 30 feet from the bluffline. Mr. Szyplinski noted that he would like to put a stairway down to the river from his lot. Another man who was at the river today told him that the DNR would not allow that. Commissioner Perry suggested that Mr. Szyplinski call the DNR and ask about a stairway. One of the problems that a stairway could create would be an erosion of the soil on the bank; however, the DNR could possibly suggest that he put plantings in to keep the bank from eroding. Roger Hokanson - Noted that the DNR could put a trail along the river on the first 150 feet of everyone's lot. He felt that this 150 feet should be tax exempt because the owner cannot do anything with it, such as putting up a shed or storing a boat there. He also noted that you're going to see houses along the river so it shouldn't make any difference if a person built 85 feet from the river. The homes built on the river in Ramsey are closer than 150 feet and some of them have swimming pools in the back yards, which is the river side. Mrs. Szyplinski - stated that they would like to build their house behind the trees where it can't be seen and they want to be able to put steps in to the river. She understood from talking to other people that the DNR only controls 25 feet from the river. Commissioner Spotts suggested that Mr. Szyplinski and Mr. Hokanson check with an attorney to have him check the title to the property, check the plat and the ordinance and check with the DNR. ...-'\ l i '- Chairman Bosell noted that Bill Zachman's interpretation of the ordinance is that you have to be 30 feet from the bluffline plus 150 feet from the river. Planning and Zoning Commis( '1 Meeting April 19, 1983 - Minutes \._J Page 2 o .. ", (Szypl inski Variance, Cont.) , Mr. Hokanson asked if they could come to the city and ask that the 150 feet from the river be tax exempt. It was explained that he could come to the Board of Review in May and explain his request. Mr. Szyplinski noted that the house they are planning to build does not have a basement and asked if that is going to cause a problem. Chairman Bosell stated that at the present time, we do not require basements; however, the City Council has asked the Planning Commission to look at amending the ordinance to require basements. Mr. Hokanson noted that his lot has a drainage ditch running through it and asked who maintains that ditch. He also asked if he could get it cleaned out and widened. Chairman Bosell stated that the city maintains the ditch and if it is cleaned and widened, he will probably be assessed for it. Commissioner Spotts suggested that the Planning Commission make a motion to allow the variances and send it to the City Council. Somewhere along the line someone has to make a decision. Commissioner Rogers agreed but suggested that they build 105 feet from the river rather than 85 feet. That way they would be in line with the house that Carl Christensen is building. Commissioner Apel stated that he would go along with that. MOTION by Spotts, seconded by Schreiner that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Richard Szyplinski to build a house on Lot 9, Block 1, Rum River Forest closer to the river than is allowed by ordinance. According to Ordinance 52, Section 10.03 granting of the variance requires the presence of certain conditions. Although some of the conditions are not met, it is not known at this time the strict interpretation of Section 5.02.01 as to the exact setback or minimum lot size according to the Management Plan for the Rum River. Condition 1) The strict enforcement of the land use controls will result in an unnecessary hard- ship - this doesn't apply to this variance; 2) Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with NR2700 - we're close on that one; 3) There are exceptional circumstances unique to the subject property which were not created by the landowners - that one we know is in their fav.or; 4) Granting of the variance will not allow any use which is neither a Permitted or Conditional use in the land use district in which the subject property is located - that is in their favor; 5) Granting of the variance will not alter the essential character of the locality as established by the Management Plan, NR2700 - that is partially in their favor if we go along with granting of the variance of Christensen which allowed him to build 105 feet back rather than 150 feet. Mr. Szyplinski has agreed to build 105 feet from the river. The hardship is not created due to the topography of the land; it will not adversely affect the existing or potential use of adjacent land; it is necessary to the reasonable use of the land; it is in conformance with the Comprehensive Plan. \ Vote on Motion: Yes - Schreiner, Knutson, Apel, Rogers, Spotts; No - Perry, Bosell " / Discussion: Commissioner Knutson questioned whether we are granting this variance simply because we granted the Christensen variance. Commissioner Spotts stated that that is the case. u u Planning and Zoning Commission Meeting April 19, 1983 - Minutes Page 3 \ , ) (Szyplinski Variance, Cont.) Commissioner Perry noted that she would question whether it's compatible with the Comprehensive Plan which does state that in the natural environmental section, Water Resources, that the Rum River has been designated as a wild and scenic river and that the designation carries additional restrictive conditions meant to protect and preserve the river through management of riverside development. She didn't feel this is compatible. This will go to the City Council on May 3, 1983. Roger Hokanson Variance (Comm. #4-83-1) Commissioner Apel noted that this is basically the same as the Szyplinski variance except that his lot has a drainage ditch running through it. Commissioner Spotts asked Mr. Hokanson if he would be willing to build 105 feet back from the river. Mr. Hokanson stated that he would be. MOTION by Spotts, seconded by Schreiner that the Andover Planning and Zoning Commission recommend to the City Council approval of a variance requested by Roger Hokanson to build a house on Lot 8, Block 1, Rum River Forest closer to the river than is allowed by ordinance. According to Ordinance 52, Section 10.03, granting of the variance requires the presence of certain conditions. Although some of the conditions are not met, it is not known at this time the strict interpretation of Section 5.02.01 as to the exact setback or minimum lot size according to the Management Plan for the Rum River. Condition 1) The strict enforcement of the land use controls will result in an unnecessary hardship - this doesn't apply to this variance; 2) Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with NR2700 - we're close on that one; 3) There are exceptional circumstances unique to the subject property which were not created by the landowners - that one is in his favor; 4) Granting of the variance will not allow any use which is neither a Permitted or Conditional Use in the land use district in which the subject property is located - that is in his favor; 5) Granting of the variance will not alter the essential character of the locality as established by the Management Plan, NR2700 - that is partially in his favor is we go along with granting of the variance of Christensen which allowed him to build 105 feet back rather than 150 feet. Mr. Hokanson has agreed to build 105 feet from the river. A hardship is created due to the drainage ditch which runs through the property; it will not adversely affect the existing or potential use of adjacent land; it is necessary to the reasonable use of the land; it is in conformance with the Comprehensive Plan. Vote on Motion: Yes - Schreiner, Apel, Knutson, Rogers, Spotts; No - Perry, Bosell Chairman Bosell stated that she didn't feel the two parcels (Szyplinski's and Hokanson's) are in any way the same. This will go to the City Council on May 3, 1983. Update of Ordinance 8 \ ,/ In the Limited Industrial District, the following changes were made: The District Size will be 20 acres, with the minimum lot size in the urban area being 24,000 square feet and the minimum lot size in the rural area being 39,000 square feet. Minimum lot depth needs to be added. The side (interior lot line) setback will be changed to 30 feet along u u Planning and Zoning Commission Meeting April 19, 1983 - Minutes Page 4 :.) (Ord. 8, Cont.) with the Side (corner lot) setback. Side and rear (accessory building) setback will also include parking lots. The setback From residential district (buildings only) will be changed to eliminate 'buildings only'. Parking requirements and Conditions for rezoning will be included in this district. The height will be changed to 35 feet from 45 feet. In this section, wherever the words 'Light Industrial' are used they will be changed to 'Limited Industrial' and wherever 'commercial' district is used, it will be changed to 'business' district. It was decided that the permitted and conditional uses will be discussed at a future meeting and the Commission went on the the General Industrial District, which in the draft is called Heavy Industrial District. The following changes and additions were made in the General Industrial District: The minimum district size will be 40 acres; the minimum lot size in the urban area will be 24,000 square feet and the minimum lot size in the rural district will be 39,000 square feet. Minimum lot depth needs to be added. Side (interior lot) setback will be changed to 30 feet and the side (corner lot) setback will also be changed to 30 feet. Side and rear (accessory building) setback will also include parking lots. The height will be changed to 35 feet. Parking requirements and Conditions for Rezoning will also be added. The secretary was asked to type a chart showing the commercial districts with the permitted and conditional uses. MOTION by Rogers to adjourn. Motion carried unanimously. Meeting adjourned at 11:00 P.M. Respectfully submitted, .LL.'& Vicki Volk, Commission Secretary '\ j